SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled ``Department of Homeland
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and
Immigration Services E-Verify Program allows employers to check
citizenship status and verify employment eligibility of newly hired
employees. The Department of Homeland Security is updating this Privacy
Act System of Records Notice for the E-Verify Program in order to
provide notice that E-Verify is: (1) Updating the ``Category of
Individuals'' to remove USCIS employees and contractors, which are
covered under the DHS/ALL-004 General Information Technology Access
Account Records System SORN, and to remove individuals who have locked
their Social Security Number (SSN) in E-Verify since this functionality
is not available; (2) adding the collection of the foreign passport
country of issuance (COI) from the employers using the recently updated
Form I-9 and from the United States Visitor and Immigrant Status
Indicator Technology (US-VISIT) Arrival and Departure Information
System (ADIS) to the ``Categories of Records;'' (3) moving the list of
sources of records from ``Category of Records'' to ``Record Source
Categories,'' removing two decommissioned systems and adding two new
systems to ``Record Source Categories;'' (4) removing the monitoring
and compliance ``Category of Records'' because those are now covered by
the Compliance Tracking and Management System (CTMS) SORN (74 FR
24022); (5) updating the system location information for the
Verification Information System (VIS), the underlying technology
supporting the E-Verify program, from a contractor-owned facility in
Meriden, CT to a government-owned facility in Stennis, MS; (6)
incorporating minor changes to the ``Routine Uses'' to improve clarity;
and (7) adding COI to ``Retrievability'' as a way in which DHS may
retrieve records in this system of records.
This updated system is included in the Department of Homeland
Security's inventory of record systems.

DATES: Submit comments on or before September 7, 2012. This updated
system will be effective September 7, 2012.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0048 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov.

In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue the Department of
Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigrations--011 E-Verify Program System
of Records.'' The USCIS E-Verify Program allows employers to check
citizenship status and verify employment eligibility of newly hired
employees.
DHS is updating this Privacy Act System of Records Notice for the
E-Verify Program in order to provide notice that E-Verify is: (1)
Updating the ``Category of Individuals'' to remove USCIS employees and
contractors, which are covered under the DHS/ALL-004 General
Information Technology Access Account Records System SORN, and to
remove individuals who have locked their SSN in E-Verify since this
functionality is not currently available; (2) adding the collection of
the foreign passport country of issuance (COI) from the employers using
the recently updated I-9 Form and from the United States Visitor and
Immigrant Status Indicator Technology (US-VISIT) Arrival and Departure
Information System (ADIS) to the ``Categories of Records;'' (3) moving
the list of sources of records from ``Category of Records'' to ``Record
Source Categories,'' removing two decommissioned systems and adding two
new systems to ``Record Source Categories;'' (4) removing the
monitoring and compliance ``Category of Records'' because those are now
covered by the Compliance Tracking and Management System (CTMS) SORN
(74 FR 24022); (5) updating the system location information for the
Verification Information System (VIS), the underlying technology
supporting the E-Verify program, from a contractor-owned facility in
Meriden, CT to a government-owned facility in Stennis, MS; (6)
incorporating minor changes to the ``Routine Uses'' to improve clarity;
and (7) adding COI to ``Retrievability'' as a way in which DHS may
retrieve records in this system of records.
DHS is updating the ``Category of Individuals'' to remove USCIS
employees and contractors. These individuals are covered under the DHS/
ALL-004 General Information Technology Access Account Records System
SORN. Additionally DHS is updating the ``Category of Individuals'' to
remove individuals who have locked their SSN in E-Verify. Functionality
that enables individuals to lock their SSNs is not available in E-
Verify.
As described in more detail in the DHS/USCIS/PIA-030(d), E-Verify
currently uses the I-94 number, which is generally issued to aliens at
the time they lawfully enter the United States, as a primary identifier
to determine employment eligibility for non-immigrants. U.S. Customs
and Border Protection (CBP) is in the process of automating the I-94
system to increase efficiency and streamline the admission process for
travelers to the United States. However, since E-Verify depends on the
integrity of the I-94 number and the CBP's automation efforts are still
underway, USCIS is updating it process for E-Verify by using a foreign
passport number and COI as a primary identifier. A stand-alone passport
number does not result in a unique primary identifier because multiple
countries could issue the same passport number. Employers will enter
the foreign passport number and COI. E-Verify will verify this data
against ADIS.
In order to provide greater clarity in this SORN, USCIS has removed
the sources of records that were described in the ``Category of
Records'' and moved them to ``Source Record Categories.'' In addition
to moving the list of source records, DHS has removed two sources, ISRS
and RNACS, and added one new source of records, Customer Profile
Management System (CPMS) for biometric information on individuals
issued a Permanent Resident Card (Form I-551).
DHS removed the monitoring and compliance ``Category of Records''
because those are now covered by the Compliance Tracking and Management
System (CTMS) SORN (74 FR 24022).
DHS is also providing public notice of the relocation of the VIS
system. In alignment with OMB's Federal Data Center Consolidation
Initiative, the DHS Office of the Chief Information Officer is
consolidating 43 of the Department's legacy data centers into two
Enterprise Data Centers (EDCs), known as Data Center (DC) 1 and DC2.
The consolidation of numerous Component systems at our EDCs enables
more effective collection and use of business information across the
enterprise. VIS was originally stored in a contractor owned facility in
Meriden, CT. Since the publication of the original SORN, the system has
moved to the DHS-owned facility, DC1.
DHS is updating the routine uses to add additional clarity
concerning the uses of data. These updates do not create any new
sharing uses of data. The routine uses are being updated to add general
language ensuring that ``[a]ny disclosure of information must be made
consistent with the official duties of the person making the
disclosure.'' Routine uses A, B, and D are being reworded to provide
greater clarity and make non-substantive grammatical changes. Routine
use C is being updated to change ``other federal government agencies''
to ``General Services Administration'' to better reflect the statutory
authorities and the fact that records will be shared with the National
Archives and Records Administration (NARA) where NARA maintains the
records as permanent records.
DHS is updating ``Retreivability'' to include COI as a way in which
DHS may retrieve records in this system of records.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency for which information is retrieved by the name
of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, the Department of Homeland
Security extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/U.S. Citizenship and
Immigration Services--011, E-Verify Program System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS)--011

System name:
DHS/U.S. Citizenship and Immigration Services--011--E-Verify
Program

Security classification:
Unclassified, for official use only.

System location:
Records are maintained at the U.S. Citizenship and Immigration
Services

[[Page 47421]]

(USCIS) Headquarters in Washington, DC and field offices; and at the
DHS Stennis Data Center (DC1).

Categories of Undividuals Covered by the System:
Categories of individuals covered by the E-Verify program include:
employees, both U.S. Citizens and non-U.S. Citizens, whose employers
have submitted to E-Verify their identification information; employers
who enroll in E-Verify; designated agents who enroll in E-Verify;
individuals employed or retained by employers or designated agents who
have accounts to use E-Verify; individuals who contact E-Verify with
information on the use of E-Verify; and individuals who provide their
names and contact information to E-Verify for notification or contact
purposes.

Categories of Records in the System:
A. Information about the employee to be verified:
Name (last, first, middle initial, maiden)
Date of Birth
Social Security Number
Date of Hire
Information related to the expiration of the three day
hire
Awaiting SSN
[cir] Technical Problems
[cir] Audit Revealed New Hire Was Not Run
[cir] Federal Contractor With E-Verify Clause Verifying Existing
Employees
[cir] Other
Claimed Citizenship Status
Acceptable Form I-9 document type
Expiration Date of Acceptable Form I-9 Document
State or jurisdiction of issuance of identity document
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card
Passport Number and Country of Issuance
Driver's license number, driver's permit number, or state-
issued ID number if issued by a state or jurisdiction participating in
the Records and Information from Departments of Motor Vehicles for E-
Verify (RIDE) program and where an Memorandum of Agreement (MOA) exists
between the state or jurisdiction and DHS USCIS to verify the
information about the document
Receipt Number
Visa Number
A-Number
I-94 Number
Employment Authorization Document (Form I-766) Number
Permanent Residence Card (Form I-551) Number Photographs,
if required by secondary verification
B. Disposition data from the employer. The following codes are
entered by the employer based on what the employer does as a result of
the employment verification information:
The employee continues to work for the employer after
receiving and Employment Authorized result: Employer selects this
option based on receiving an Employment Authorized response from E-
Verify;
The employee continues to work for the employer after
receiving a Final Non-confirmation (FNC) result: Employer selects this
option based on the employee getting an FNC despite the employee
contesting the Tentative Non-confirmation (TNC) and the employer
retains the employee;
The employee continues to work for the employer after
receiving a No Show result: Employer selects this option based on the
employee getting a TNC but the employee did not try to resolve the
issue with SSA or DHS and the employer retains the employee;
The employee continues to work for the employer after
choosing not to contest a TNC: Employer selects this option when the
employee does not contest the TNC but the employer retains the
employee;
The employee was terminated by the employer for receiving
a FNC result: Employer selects this option when employee receives FNC
and is terminated;
The employee was terminated by the employer for receiving
a No Show result: Employer selects this option when employee did not
take an action to resolve and is terminated;
The employee was terminated by the employer for choosing
not to contest a TNC: Employer selects this option when employee does
not contest the TNC and is terminated;
The employee voluntarily quit working for the employer:
Employer selects this option when employee voluntarily quits job
without regard to E-Verify;
The employee was terminated by the employer for reasons
other than E-Verify: Employer selects this option when employee is
terminated for reasons other than E-Verify;
The case is invalid because another case with the same
data already exists: Employer selects this option when the employer ran
an invalid query because the information had already been submitted;
The case is invalid because the data entered is incorrect:
Employer selects this option when the employer ran an invalid query
because the information was incorrect.
C. Information about the Employer or Designated Agent:
Company Name
Street Address
Employer Identification Number
North American Industry Classification System (NAICS) Code
Number of Employees
Number of Sites
Parent Company or Corporate Company
Name of Company Point of Contact
Phone Number
Fax Number
Email Address
D. Information about the Individual Employer User of E-Verify:
(e.g., Human Resource employee conducting E-Verify queries):
Last Name
First Name
Middle Initial
Phone Number
Fax Number
Email Address
User ID
E. Employment Eligibility Information created by E-Verify:
Case Verification Number
VIS Response
[cir] Employment Authorized
[cir] SSA TNC
[cir] DHS TNC
[cir] SSA Case in Continuance (In rare cases SSA needs more than 10
federal government workdays to confirm employment eligibility)
[cir] DHS Case in Continuance (In rare cases DHS needs more than 10
federal government workdays to confirm employment eligibility)
[cir] SSA FNC
[cir] DHS Verification in Process
[cir] DHS Employment Unauthorized
[cir] DHS No Show
[cir] DHS FNC
F. Information from state Motor Vehicle Agencies (MVAs) used to
verify of the information from a driver's license, permit, or state
issued ID card if the state has established a MOA with DHS USCIS to
allow verification of this information. The categories of records from
MVAs may include:
Last Name
[cir] First Name
[cir] State or Jurisdiction of Issuance
[cir] Document Type
[cir] Document Number
[cir] Date of Birth
[cir] Status Text
[cir] Status Description Text
[cir] Expiration Date
G. Information from federal databases used to verify employment
eligibility may contain some or all of the following information about
the individual being verified:
[cir] Last Name

Authority for Maintenance of the System:
Authority for having a system for verification of employment
eligibility is found in The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208 (1996).

Purpose(s):
This system provides employment authorization information to
employers participating in E-Verify. It may also be used to support
monitoring and compliance activities for obtaining information in order
to prevent the commission of fraud, discrimination, or other misuse or
abuse of the E-Verify system, including violation of privacy laws or
other illegal activity related to misuse of E-Verify, including:
Investigating duplicate registrations by employers;
Inappropriate registration by individuals posing as
employers;
Verifications that are not performed within the required
time limits; and
Cases referred by and between E-Verify and the Department
of Justice Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or other law enforcement entities.
Additionally, the information in E-Verify may be used for program
management and analysis, program outreach, customer service and
preventing or deterring further use of stolen identities in E-Verify.

Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the
Department of Homeland Security as a routine use pursuant to 5 U.S.C.
552a(b)(3). Any disclosure of information must be made consistent with
the official duties of the person making the disclosure. The routine
uses are as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is relevant or necessary to the litigation and one of the following
is a party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. the U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to a written inquiry from that congressional office made
pursuant to a Privacy Act waiver from the individual to whom the record
pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of

[[Page 47423]]

information in the system of records has been compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To employers participating in the E-Verify Program in order to
verify the employment eligibility of their employees working in the
United States.
I. To the American Association of Motor Vehicle Administrators
Network and participating MVAs for the purpose of validating
information for a driver's license, permit, or identification card
issued by the Motor Vehicle Agency of states or jurisdictions who have
signed a Memorandum of Agreement with DHS under the Records and
Information from Departments of Motor Vehicles for E-Verify (RIDE)
program.
J. To the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction of the E-Verify Program,
especially with respect to discrimination.
K. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.

Disclosure to Consumer Reporting Agencies:
None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by name, verification case number, Alien
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number
and Country of Issuance (COI), Driver's License, Permit, or State-
Issued Identification Card Number, or SSN of the employee, employee
user, or by the submitting company name.

Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.

Retention and Disposal:
The retention and disposal schedule, N1-566-08-7 has been approved
by the National Archives and Records Administration. Records collected
in the process of enrolling in E-Verify and in verifying employment
eligibility are stored and retained in E-Verify for ten (10) years,
from the date of the completion of the last transaction unless the
records are part of an on-going investigation in which case they may be
retained until completion of the investigation. This period is based on
the statute of limitations for most types of misuse or fraud possible
using E-Verify (under 18 U.S.C. 3291, the statute of limitations for
false statements or misuse regarding passports, citizenship, or
naturalization documents).

Notification Procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the U.S. Citizenship and Immigration
Services (USCIS), Freedom of Information Act (FOIA) Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, 245 Murray
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486 begin_of_the_skype_highlighting FREE 1-866-431-0486 end_of_the_skype_highlighting. In addition you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.

[[Page 47424]]

Without the above information the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.